71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 676
Senate Bill 415
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber,
M.D., for Department of Public Safety Standards and Training)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
Extends period of employment before certification of public
safety personnel required.
A BILL FOR AN ACT
Relating to public safety personnel; amending ORS 181.644,
181.652, 181.653 and 181.665.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 181.644 is amended to read:
181.644. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a telecommunicator or emergency medical
dispatcher by any public or private public safety agency for more
than { - one year - } { + 18 months + } unless the person has
been certified as being qualified as a telecommunicator or
emergency medical dispatcher under the provisions of ORS 181.610
to 181.712 and the certification has neither lapsed nor been
revoked pursuant to ORS 181.661, 181.662 and 181.664 (1) and not
been reissued under ORS 181.664.
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a telecommunicator or an emergency medical dispatcher without
certification. The grant or denial of such an extension is with
the sole discretion of the department.
SECTION 2. ORS 181.652 is amended to read:
181.652. (1) Except for a person who has requested and obtained
an extension pursuant to subsection (2) of this section, no
person may be employed as a corrections officer by any law
enforcement unit for more than { - one year - } { + 18
months + } unless the person is a citizen of the United States,
and:
(a) The person has been certified as being qualified as a
corrections officer under the provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not been
reissued under ORS 181.664 (2); or
(b) The person is exempted from the certification requirement
under ORS 181.660.
(2) The Department of Public Safety Standards and Training,
upon the facts contained in an affidavit accompanying the request
for an extension, may find good cause for failure to obtain
certification within the time period described in subsection (1)
of this section. If the department finds that there is good cause
for such failure, the department may extend for up to one year
the period that a person may serve as a corrections officer
without certification. The grant or denial of such an extension
is within the sole discretion of the department.
(3) The certification of a corrections officer shall lapse upon
the passage of more than three consecutive months during which
period the officer is not employed as a corrections officer,
unless the corrections officer is on leave from a law enforcement
unit. Upon reemployment as a corrections officer, the person
whose certification has lapsed may apply for certification in the
manner provided in ORS 181.610 to 181.712.
(4) Except as provided in subsection (5) of this section, a
person employed as a corrections officer by any law enforcement
unit shall commence the training necessary for certification
under ORS 181.610 to 181.712 not later than the 90th day after
the date of the officer's employment by the law enforcement unit
at an academy operated or authorized by the department in
consultation with the Board on Public Safety Standards and
Training.
(5) A law enforcement unit may delay the commencement of
training of a corrections officer for up to 120 days from the
date of the officer's employment when it considers the delay
necessary. When a law enforcement unit delays commencement of a
corrections officer's training under this subsection, it shall
file a written statement of its reasons with the department.
(6) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.712 at an academy operated
or authorized by the department is caused by the inability of the
department, for any reason, to provide that training, the period
of such delay shall not be counted as part of the periods set
forth in subsections (4) and (5) of this section within which the
training must be commenced.
SECTION 3. ORS 181.653 is amended to read:
181.653. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a parole and probation officer for more than
{ - one year - } { + 18 months + } unless the person is a
citizen of the United States, and:
(a) The person has been certified as being qualified as a
parole and probation officer under provisions of ORS 181.610 to
181.712 and the certification has neither lapsed nor been revoked
pursuant to ORS 181.661, 181.662 and 181.664 (1) and not reissued
under ORS 181.664 (2); or
(b) The person is exempted from the certification requirement
under ORS 181.660.
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a parole and probation officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
(3) The certification of a parole and probation officer shall
lapse upon the passage of more than three consecutive months
during which period the officer is not employed as a parole and
probation officer, unless the officer is on leave from a law
enforcement unit. Upon reemployment as a parole and probation
officer, the person whose certification has lapsed may apply for
certification in the manner provided in ORS 181.610 to 181.712.
(4) In order to maintain certification, a parole and probation
officer who is employed part-time must complete annually at least
20 hours of continuing education approved by the Department of
Public Safety Standards and Training.
(5) The requirement of citizenship imposed under subsection (1)
of this section does not apply to a person employed as a parole
and probation officer on September 27, 1987, who continues to
serve as a parole and probation officer.
SECTION 4. ORS 181.665 is amended to read:
181.665. (1) Except for a person who has requested and obtained
an extension from the Department of Public Safety Standards and
Training pursuant to subsection (2) of this section, no person
may be employed as a police officer, or utilized as a certified
reserve officer, by any law enforcement unit for more than
{ - one year - } { + 18 months + } unless:
(a) The person is a citizen of the United States; and
(b) The person has been certified as being qualified as a
police officer or certified reserve officer under the provisions
of ORS 181.610 to 181.712 and the certification has neither
lapsed nor been revoked pursuant to ORS 181.661, 181.662 and
181.664 (1) and not been reissued under ORS 181.664 (2).
(2) The department, upon the facts contained in an affidavit
accompanying the request for an extension, may find good cause
for failure to obtain certification within the time period
described in subsection (1) of this section. If the department
finds that there is good cause for such failure, the department
may extend for up to one year the period that a person may serve
as a police officer or reserve officer without certification. The
grant or denial of such an extension is within the sole
discretion of the department.
(3) Except as provided in subsection (4) of this section, a
person employed as a police officer by any law enforcement unit
shall commence the training necessary for certification under ORS
181.610 to 181.712 at an academy operated or authorized by the
department not later than the 90th day after the date of the
officer's employment by the law enforcement unit.
(4) A law enforcement unit may delay the commencement of
training of a police officer for up to 120 days from the date of
the officer's employment when it considers the delay necessary.
When a law enforcement unit delays commencement of a police
officer's training under this subsection, it shall file a written
statement of its reasons with the department.
(5) When a delay in the commencement of training necessary for
certification under ORS 181.610 to 181.712 at an academy operated
or authorized by the department is caused by the inability of the
department, for any reason, to provide that training, the period
of such delay shall not be counted as part of the periods set
forth in subsections (3) and (4) of this section within which the
training must be commenced.
(6) A person utilized as a certified reserve officer by a law
enforcement unit must complete the training necessary for
certification under ORS 181.610 to 181.712 at a site approved by
the department.
----------